Judgment Search Results Home > Cases Phrase: finance act 2006 section 2 income tax Sorted by: recent Court: allahabad Page 1 of about 21,051 results (0.161 seconds)

Commissioner of Income Tax – Ii, Lucknow Vs. Ms. Lucknow Public Educ ...

Court : Allahabad

..... v. m/s. rohtas projects ltd., income tax appeal no. 26 of 2006, decided on 23.02.2006. in the said case, the court found that the tribunal had not considered the provisions of section 142a of the act which was introduced by finance act no. 2 of 2004 with retrospective effect. this again really has not answered ..... the assessing officer was not justified in making reference to the departmental valuation officer, ignoring the retrospective effect of the provisions of section 142a of the act? section 142a was inserted by the finance act, 2004 with retrospective effect from november 15, 1972. the high court, after considering various judgments, was of the view that ..... the issue. 15. the issue for consideration is, whether the assessing officer, under section 142a .....

Commissioner of Income Tax Vs. Jugal Kishore Gupta

Court : Allahabad

Reported in : (2009)221CTR(All)352

..... of cit v. shamlal balram gurbani : [2001]249itr501(bom) . the surcharge @ 10 per cent has been deleted on the ground that the proviso to section 113 under which the surcharge was chargeable, was inserted by finance act, 2002 w.e.f. 1st june, 2002, therefore, the surcharge was not leviable for the block period 1st april, 1989 to 9th feb., 2000. ..... to be undisclosed income. the intention of the assessee is to be considered on the facts and circumstances of each case.11. in the case of cit v. n. vellaiyan : [2006]287itr520(mad) , the division bench of the madras high court following its earlier decision in the case of asstt. cit v. a.r. enterprises : [2005]274itr110(mad) held ..... concerned, on the ground that the dispute has been referred to the special bench of tribunal for adjudication in the case of merit enterprises v. dy. cit (2006) 102 ttj (hyd) 748 : (2006) 101 itd 1 (hyd)(sb). so far as the addition of rs. 2,22,365 is concerned the tribunal upheld the order of cit(a). being aggrieved .....

Simpkins School Vs. Director General of Income-tax, (Investigation)

Court : Allahabad

..... court held: "we shall now consider the effect of insertion of provisos to section 10(23c)(vi) vide finance act, 1998. section 10(23c)(vi) is analogous to section 10(22). to that extent, the judgments of this court as applicable to section 10(22) would equally apply to section 10(23c)(vi). the problem arises with the insertion of the provisos to ..... years 2003-04 to 2009-10 are deemed to have been sanctioned/approved under the 9th proviso to section 10(23c)(vi) of the act, which has been inserted by the tax laws amendment act, 2006 w.e.f. 1st april, 2006. 6. the respondents in the counter affidavit has contended that the application was rightly rejected and other ..... was no time limit fixed for passing an order granting or refusing to grant approval for exemption. the ninth proviso was inserted by taxation laws amendment act, 2006, which provided that the application filed under the first proviso shall be approved or an order rejecting the application shall be passed within the period of .....

Commissioner of Income-tax Vs. Krishi Utpadan Mandi Samiti

Court : Allahabad

Reported in : [2010]186TAXMAN460(All)

..... (29) was omitted and since it wanted exemption under section 11 of the act, it should have filed the application for registration immediately after the finance act, 2002 came into force i.e., 1-4-2003. no reason had been given for the delay from 1-4-2003 till 27-3-2006 when the application was filed for the first time and, therefore, there is ..... (20) as well as section 10(29) of the act before its deletion. after the amendment in section 10(20) brought by the finance act, 2002, the assessees were required to get registration under section 12a with effect from 1-4-2003. almost in all the cases, for this purpose, after getting necessary permission, applications were filed in the month of march, 2006. so, the assessees were .....

Oxford Academy for Career Development Vs. Chief Commissioner of Income ...

Court : Allahabad

Reported in : (2009)226CTR(All)606

..... of general public utility not involving the carrying on of any activity for profit.' thus, the scope of the definition was changed for the it act, 1961, specially after an amendment in section 2(15) by the finance act, 1983, w.e.f. 1st april, 1984.22. in the instant case, the assessee is preparing students by providing coaching/guidelines to ..... school for poor children. for this purpose, he relied on the ratio laid down in the case of director of it (exemptions) v. eternal science of man's society : (2006) 205 ctr (del) 381 : (2007) 290 itr 535 (del) where it was held that:accumulation of income is permissible for a plurality of purposes. the respondent trust had ..... been changed till date. for this purpose, he relied on the ratio laid down in the case of welham boys' school society v. cbdt and anr. : (2006) 206 ctr (uttaranchal) 56 : (2006) 285 itr 74 (uttaranchal), where it was observed that once registration is granted then it could not be cancelled by the cit. further, he relied on the .....

Dr. Vinod Kumar Rai Son of Late Sri Ramayan Rai Vs. the Income Tax App ...

Court : Allahabad

Reported in : (2008)217CTR(All)607; [2008]302ITR148(All)

..... as cit (a) allahabad, who was earlier working as cit (a) kolkata. challenging the order of transfer, sri r.k. jain filed o.a. no. 642 of 2006 under section 19 of the administrative tribunal act, 1985 before the central administrative tribunal, allahabad (hereinafter referred to as the 'cat') which was disposed of vide order dated 8.6 ..... challenge to transfer order before the central administrative tribunal. since, right to challenge an order of transfer cannot be doubted, in our view, time has come when the finance department of the government must look into such kind of cases and frame a general policy that if an order of transfer is passed and made subject of litigation, ..... take a policy decision so as to avoid recurrence of such a situation in future.14. a copy of this order shall be communicated to the secretary, ministry of finance, government of india and central board of direct taxes, new delhi, for information and necessary actions as directed above.in the result, we do not find any .....

Commissioner of Income-tax Vs. Rashid Exports Industries

Court : Allahabad

..... c of chapter vi-a. with a view to prevent the taxpayer taking undue advantage of the existing provisions of the act, section 80-ia was amended by the finance (no.2) act, 1998, so that the deductions allowed under section 80-ia and various sections under heading c of chapter vi-a are restricted to the profits of the business of the undertaking/enterprise. 14 ..... restricted the deductions only to the extent of 100% of the amount of profits and gains. 13. the object of amending section 80-ia by the finance (no.2) act, 1998, as is evident from the memorandum explaining the provisions in the finance (no.2) bill, 1998 ([1998] 231 itr (st.) 252), is that it was noticed that certain assessees were claiming more than .....

Manas Sewa Samiti Vs. Chief Commissioner of Income-tax

Court : Allahabad

..... "we shall now consider the effect of insertion of provisos to section 10(23c)(vi) vide finance (no.2) act, 1998. section 10(23c)(vi) is analogous to section 10(22). to that extent, the judgments of this court as applicable to section 10(22) would equally apply to section 10(23c)(vi). the problem arises with the insertion of the ..... institution v. cbdt [2008] 301 itr 86/170 taxman 306 (sc) holding that if the petitioner fulfills the threshold conditions of an educational institute under section 10(23c) (vi) of the act, the authority, in such an eventuality, could not reject the application. the supreme court held : 'in american hotel and lodging association, educational institute v ..... educational institution or any hospital or other medical institution referred to in the first proviso makes an application on or after the 1st day of june, 2006 for the purposes of grant of exemption or continuance thereof, such application shall be made on or before the 30th day of september of the relevant .....

Navneet Kulsheshthra and Others Vs. State of U.P. and Others

Court : Allahabad

..... and was conferred the power to create or abolish posts of teachers and other employees, manage and regulate finances and oversee all other affairs of the institute. section 18 when enumerating the functions of the governing body does not mandate the exercise of power by that ..... (2) .... ..... ...... ....... ........ ......... .......... ........... ............ ............. consequent to the creation of the institute by means of the aforesaid legislative enactment an advertisement came to be issued on 27 august 2006 for various posts comprising its faculty including the post of laboratory technician. this advertisement admittedly described the pay scale of laboratory technicians to be rs. 4000-6000. it was pursuant ..... sgpgi came to be established in terms of the provisions of the sanjay gandhi post graduate institute of medical sciences act, 1983 (the 1983 act) with the object of it being established as a center of excellence for providing medical care, educational and research facilities .....

Commissioner of Income-tax-II, Agra Vs. Shimbhu Mehra

Court : Allahabad

..... said person gets a right to get the property transferred in his favour and, consequently, some right of the vendor is extinguished. 13. explanation 2 to section 2(47) of the act was added by finance act, 2012 with retrospective effect on 1.4.1962 and, consequently, the said provision would be applicable. the said explanation clearly provides that transfer of an asset includes ..... light of discussions in above paras it is clear that the transfer of the property took place on the date of the agreement dated 4th july, 2001. the provisions of section 50c were inserted by finance act, 2002 w.e.f. 1-4-2003 and were not in existence on the date of the agreement. therefore the provisions of ..... section 50c are not applicable to the cases of the appellants and therefore, grounds no.6 and 8 are allowed." 9. the tribunal for a different reason, confirmed the order of .....